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The Effectiveness of Law on Forest Protection

January 2016
Authors:

Gökçe Gençay Üstüner Birben


Bartin University Çankırı Karatekin University Faculty of Forestry

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11/13/22, 7:11 PM (PDF) The Effectiveness of Law on Forest Protection

RECENTRESEARCHES
IN
INTERDISCIPLINARY
SCIENCES

St. Kliment Ohridski University Press, Sofia


Editors
Recep Efe
İsa Cürebal
Gulnara Nyussupova
Emin Atasoy

Recent Researches in
Interdisciplinary Sciences

Editors
Recep EFE
İsa CÜREBAL
Gulnara NYUSSUPOVA
Emin ATASOY

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ISBN 978-954-07-4141-3

ST. KLIMENT OHRIDSKI UNIVERSITY PRESS


SOFIA, 2016

Editors
Prof. Dr. Recep EFE Prof. Dr. Isa CÜREBAL
Balikesir University, Faculty of Arts and Balikesir University, Faculty of Arts
Sciences, Department of Geography and Sciences, Department of
Balıkesir, Turkey Geography, Balıkesir, Turkey
Prof. Dr. Gulnara NYUSSUPOVA Prof. Dr. Emin ATASOY
Al-Farabi Kazakh National University, Uludag University, Faculty of
Faculty of Geography and Natural Education, Department of Primary
Management, Department of Geography Education,
Almaty, Kazakhstan Bursa, Turkey

St. Kliment Ohridski University Press


ISBN 978-954-07-4141-3

The contents of chapters/papers are the sole responsibility of the authors,


and publication shall not imply the concurrence of the Editors or Publisher.

© 2016 R EFE E i ATASOY


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© 2016 Recep EFE, Emin ATASOY
All rights reserved. No part of this book may be reproduced, in any form or
by any means, electronic, mechanical, photocopying, recording or
otherwise, without prior permission of the editors and authors.
Cover Design: Murat POYRAZ

ii

CONTENTS
Chapter 1 ....................................................................................................................... 1
The Creation of New Municipalities and the Development of Brazilian Urban
Network during the XX. Century
João Francisco de ABREU, Tiago Cisalpino PINHEIRO
Chapter 2 ..................................................................................................................... 17
Ideas About Being a “Brand City”: Gaziantep Case
Hülya BERKMEN, Sırma TURGUT
Chapter 3 ..................................................................................................................... 29
The Poverty Phenomenon and Its Effect on Migration in Agriculture; Case
Study of Konya
Cennet OĞUZ, Hüseyin ERGUN, Mustafa KAN, Arzu KAN, Emel DEMİRÖZ,
Murat KÜÇÜKÇONGAR
Chapter 4 ..................................................................................................................... 53
Statistical Analysis of the Rural Migration Factors in Ardahan
Cengiz AKBULAK
Chapter 5 ..................................................................................................................... 71
Spatial Development of Quarter Sindiren
Ali ÇEKER
Chapter 6 ..................................................................................................................... 86
Analysis of Turkey’s Foreign Trade According to Products, Countries and
Transportation Systems
Muzaffer BAKIRCI
Chapter 7 ................................................................................................................... 100
Energy Outlooks of Some Large Economies (BRIC Countries)
Muhammed ORAL
Chapter 8 ................................................................................................................... 108
Possible Effects of Kyoto Protocol on the Energy Sector in Turkey and Place of
Turkey in the Protocol Process
Erol KAPLUHAN
Chapter 9 ................................................................................................................... 120
Cross Border Economic Cooperation between Turkey, Greece and Bulgaria;
Opportunities That Thrace Region Offers
Ahmet SERDAR
Chapter 10 ................................................................................................................. 130
Domestication of Wheat in Anatolia from the Neolithic Period to the Iron Age
Serkan DEMİREL

iii

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Chapter 11 ................................................................................................................. 139


Evaluation of Boğazköy-Hattusha Arcaeological Site’s Proteciton Problems in
the Scope of Visitor Management
Ertan DÜZGÜNEŞ, Serkan DEMİREL
Chapter 12 ................................................................................................................. 155
Hafiye Organization and Journalism in the Period of Abdulhamid II
Zeki ÇEVİK
Chapter 13 ................................................................................................................. 176
Two City One Comment: Bandit Force on Foundations in XVII. and XVIII.
Centuries
Ahmet KÖÇ
Chapter 14 ................................................................................................................. 189
Turkish Lace in Terms of Semiotics
Feyza TOKAT
Chapter 15 ................................................................................................................. 198
The Story of Change: Felt Art
Saliha GÜLLÜ, Deniz GÜRLER
Chapter 16 ................................................................................................................. 218
Assesment of Weaving Design and Production Components with Different
Designer Approaches
Sedef ACAR
Chapter 17 ................................................................................................................. 236
Impact of Recording Technology Between Art and Mass Culture: Tanburi Cemil
Bey
Bilen IŞIKTAŞ
Chapter 18 ................................................................................................................. 254
Contemporary Turkish Printmaking
Melihat TÜZÜN
Chapter 19 ................................................................................................................. 270
Artworks and Leather
Fazlı AKYÜZ
Chapter 20 ................................................................................................................. 285
Contemporary Turkish Sculptors and Artwork Readings
Önder YAĞMUR
Chapter 21 ................................................................................................................. 300
The Tradition of Natural Dye in Turkish Weaving Culture Within the Context of
the Example of Muğla
Sema ETİKAN, Filiz Nurhan ÖLMEZ

iv

Chapter 22 ................................................................................................................. 312


The Brand Management and the Social Media Strategies in Leather Garment
Industry
Deniz GÜRLER, Saliha GÜLLÜ
Chapter 23 ................................................................................................................. 323
Jingdezhen, the City of Porcelain
Betül AYTEPE
Chapter 24 ................................................................................................................. 333
Inorganic and Organic Additives on Ceramic Bodies and Impacts on Surfaces
Seyhan YILMAZ, F. Müjde GÖKBEL, Aslı ÇAKIR
Chapter 25 ................................................................................................................. 343
The Tourism Potential and Characteristics of Kırşehir Caves

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Kadir TUNCER, Murat POYRAZ and Lütfi NAZİK


Chapter 26 ................................................................................................................. 358
Flood Analysis of Arakonak Stream Basin (Solhan-Bingöl)
Ahmet TOPRAK, Halil GÜNEK
Chapter 27 ................................................................................................................. 375
The Effects of North Atlantic and Arctic Oscillations Over Winter Precipitation
Values of Selected Stations in Turkey
Okan BOZYURT, Mehmet Ali ÖZDEMİR
Chapter 28 ................................................................................................................. 391
Rainfall Anomalies at Turkey’s the Göller District (Period 1970-2011)
Yüksel GÜÇLÜ
Chapter 29 ................................................................................................................. 405
Izmir and Özalp (Van) Cases in the Reflection of Maritim and Continentalite to
Phenological Periods of Agricultural Plants
Fatma KAFALI YILMAZ, Mehmet Ali OZDEMİR, Hülya KAYMAK
Chapter 30 ................................................................................................................. 419
Morphometric and Hydrologic Features of Bayramçay and Çapakçur River
Basin
Mustafa UTLU
Chapter 31 ................................................................................................................. 432
The Distribution of Landslides Observed in Murat River Valley Between Bingöl
and Palu (Elazığ) by Geomorphological Factors
Vedat AVCI and Murat SUNKAR
Chapter 32 ................................................................................................................. 445
Comparison of Basin Morphometry Derived From ASTER and SRTM DEMs –
A Study on Çağlayan and Kabisre River Basins (Northern Turkey)
Melike Sultan KARABULUT, Hasan ÖZDEMİR

Chapter 33 ................................................................................................................. 457


Assessing Water Quality in the Rivers of the Middle East: The Case of the
Orontes River
Emre ÖZŞAHİN, İlker EROĞLU, Halid PEKTEZEL
Chapter 34 ................................................................................................................. 469
The Use of Geographical Information Systems (GIS) in the Environment and
Ecology
İskender DÖLEK, Vedat AVCI
Chapter 35 ................................................................................................................. 478
Scientific Use of Ganos Mountain and Its Neighborhood
İlker EROĞLU, Emre ÖZŞAHİN, Halid PEKTEZEL
Chapter 36 ................................................................................................................. 488
Problematique of Basin Management Approaches and Ideal Basin Management:
Hydrographic Planning
Atilla KARATAŞ
Chapter 37 ................................................................................................................. 496
Determination of the Quaternary Period River System in the Southeast of
Diyarbakır Basin (Raman Mountain) According To Geomorphological Data
Murat SUNKAR and Muzaffer SİLER
Chapter 38 ................................................................................................................. 505
Balıkesir’s Climatic Type According to Principal Climate Classifications
Alaattin KIZILÇAOĞLU
Chapter 39 ................................................................................................................. 511
A Study on the Characteristics to Be Possessed By a Geographer
Vedat ŞAHİN

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Chapter 40 ................................................................................................................. 519
Migration Movements in Turgutlu District
Ahmet KAYA
Chapter 41 ................................................................................................................. 533
Mapping The Brazilian Cooperation With Developing Countries: A Spatial
Analysis
João Francisco de ABREU, Paula Barreto HADDAD
Chapter 42 ................................................................................................................. 552
Uses and Principles of User Interface Design
Çağrı Barış KASAP
Chapter 43 ................................................................................................................. 565
Responsive Logos and Icons
Begüm GÜCÜK

vi

Chapter 44 ................................................................................................................. 574


A Case Based Evaluation of Green Product Perception and Purchasing
Tendency
Leyla ÖZGÜR POLAT, Aşkıner GÜNGÖR, Hatice POLAT
Chapter 45 ................................................................................................................. 588
Housing as a Mechanism For Rent: Housing Market Change and Urban Space
Production
Aysu UĞURLAR
Chapter 46 ................................................................................................................. 603
Predicting the Performance of Turkish Commercial Banks with Artificial Neural
Networks
Faruk ERİNCİ, Serhat DURANAY
Chapter 47 ................................................................................................................. 619
Daily Estimation of F ood Consumption in Organizations Offering Institutional
Catering (A University Research)
İbrahim GÜNGÖR, Faruk ERİNCİ
Chapter 48 ................................................................................................................. 633
The Application of Statistical Process Control Techniques in the Automotive
Sector
Zehra Berna AYDIN, V. Sinem ARIKAN KARGI
Chapter 49 ................................................................................................................. 645
Estimation and Dynamics of the Underground Economy in the Perspective of
Public Ethics in Turkey
Banu TANRIÖVER, Mehmet Burhanettin COŞKUN
Chapter 50 ................................................................................................................. 664
Determining the Consumer Perception of Retro Products: Case of Istanbul
Province
Ebru ONURLUBAŞ
Chapter 51 ................................................................................................................. 681
Faculty Member Problem in Development Plans: A Document Analysis Study
Ünal ÖZDEMİR, Osman ÇEPNİ, Bahadır KILCAN, Ali Çağatay KILINÇ
Chapter 52 ................................................................................................................. 705
Application of Support Vector Machine and Decision Tree Methods on ISSR
Data
Yakut GEVREKÇI, E. Dilşat YEGENOĞLU, MELTEM SESLI
Chapter 53 ................................................................................................................. 713
Traces of Vandalism in City Parks
Atilla ATİK

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vii

Chapter 54 ................................................................................................................. 722


The Effectiveness of Law on Forest Protection
Gökçe GENÇAY, Üstüner BİRBEN
Chapter 55 ................................................................................................................. 735
Impact of Road Traffic on Soil Properties – Polish Case Study
Marek DEGÓRSKI, Izabela ZAWISKA
Chapter 56 ................................................................................................................. 746
F1 Hybrid Bell Pepper Breeding
Sevinç BAŞAY

viii

Chapter 54

The Effectiveness of Law on Forest Protection

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Gökçe GENÇAY*, Üstüner BİRBEN**

1. INTRODUCTION
As one of the most important renewable natural resource in the world and in
Turkey, the need for the protection of forests is not a recently-noticed phenomenon.
Despite this, there have been regulations and instructions on the protection and
development of forests for many years, because it is known that mankind has used
forests as a shelter in the woods and has benefitted from forests and forest products in
different ways for thousands of years. Demands of people for the forests have also
increased along with population growth and ever-changing needs having led to the
destruction and excessive use of forests.
As an important part and component of the environment, ensuring the transfer of
forests to the future generations is, of course, depends on protection of this important
natural resource. For that reason it has occurred as necessity after a period of time to
bind a utilization system in order to benefit from forests in a particular and sustainable
way. As a result, a variety of legal, administrative and criminal sanctions under national
and international law have been applied to avoid deforestation, one of the major
environmental problems.
Practicing rules of law in solution of the deforestation and other environmental
problems are common method throughout the world and it is possible to see laws for
actions damaging the environment and sanctions, if needed, to punish polluters (Güneş
and Aydın, 2004).
The rule of law and other rules of social order (religion, morality, manners, and
customs rules) are a collection of rules that are used to arrange a community to live
peacefully in a society. Rules of social order regulate relations of people living in a
society in both with each other and with the public; healthy, steady, conflict-free life is
a right and desire of every human being. That is why the need for the protection of
forests in the historical process has occurred.
1.1. A brief history
Although the history of human-forest relationship that began a long time ago, the
first legal framework has been seen in the last few centuries. For example, a law
prohibiting irregular utilization of the royal forests was adopted in the 12th century in
England. Then, a decree was issued to regulate the utilization of forests in France in the
13th century, too. After that, the first forest law was issued for the purpose of
prohibiting tree cutting, animal grazing and opening arable field in the forests in the

*
Assist. Prof. Dr., Bartın University, Faculty of Forestry, The Department of Forestry Law,
Bartın, Turkey, ggencay@bartin.edu.tr
**
Assist. Prof. Dr., Çankırı Karatekin University, Faculty of Forestry, The Department of
Forest Economics, Çankırı/Turkey, birben@karatekin.edu.tr

17th century at the time of King Louis XIV (Özdönmez et al., 1996; Günay, 2003).
It is known that there were hundreds of orders, judgments, regulations etc. for the
protection and development of forests, generally for State-owned forests, in European
forestry nearly 400-500 years ago, that included very severe punishments in case of the
arrest of criminals such as binding individual’s and feet or wrapped in straw before
throwing individuals into a fire, essentially burning half of their body (Günay, 2003).
In Turkey, the history of the practices for the protection of the environment can
also be seen in the Republic and Empire era. For example, one of the first assignments
of 7th Ottoman Sultan Mehmed the Conqueror (1432-1481) was to declare an edict
ordering the necessary measures to prevent pollution and land filling of the Golden
Horn. By this edict, at the outset, agriculture and animal husbandry were prohibited
around the Golden Horn slopes by being ordered not to graze animals there and not to
plant couch grass on the hillside and alfalfa within a league-wide strip at the Golden
Horn (Akgündüz, 2009). Similarly, once the idea that forests have social, cultural and
economic v alues emerged during the Ottoman period, State’s interest in the forest was
concentrated with the declaration of the Tanzimat Edict in 1839 (Gökşin&Aksoy, 1981).
Westernization movement starting with the Tanzimat Edict led the inspiration from
the Western and initiated regulatory activities accordingly in forestry legislation, and
Forest Regulation of 1870--the first forest-specific legislation--entered into force
(Bayraktaroğlu, 1981). The main aim of the Regulation is primarily to protect state

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forest and take them under security. However, Cibal-i Mubaha forests (Mountains in no
one’s possession) open to uncontrolled utilization of public were included in the Miri
Forest category aiming to prevent the destruction and degradation of this forest (Birben,
2009). Meaning uncontrolled, unplanned and free to use of the forests in the Ottoman
period, Cibal-i Mübaha conception has an important role in Turkish forestry and it is
one of the main reasons that almost half of Turkey’s forests are degraded today.
Throughout history, understanding of the value of the forests and its benefits have
improved and the adoption of the Republican regime’s radical reforms in all areas have
also affected field of forestry. As a result of all these developments, the first legal
regulation and the first law in the modern sense of forestry, Forest Law No. 3116 came
into force in 1937.
That Forest Law No. 3116 contains provisions on the protection of forests are as
follows;
According to the Article 15 of the Law: If it is understood that the dispersed
houses, opened fields and forest villages in or near the State Forests of which borders
are determined harm to the forests, or if it is necessary to plant new forests in a non-
forest area for the people’s and the country’s health, welfare and interest, residents
could be moved elsewhere with the decisions of the Council of Ministers.
According to the second paragraph of the Article 17; free use rights based on the
past usufruct have been canceled. With this article, the State wanted to eliminate the
people’s habit of unconditional use of forests up until that time.
In article 23 titled as Protection of forests and in the coming articles, illegal
activities and permitted conditions are regulated. The penalties to be imposed against
illegal activities are given in the article 1 03 titled as Criminal Charges and the coming
articles.
In the given general grounds of Forest Law No. 3116 of 1937, it can be seen that at
the top of the four separated purposes of the law is ‘to expand and pro tect t he for est

723

resources’. In Republican era, the most basic and fundamental basis to attempt to
protect forests by laws, Forest Law No. 3116 is considered as an important starting
point for the Turkish forestry.
However, Turkish Forest Regime could be considered quite harsh compared to
other countries, and has been criticized since 1937. Because of the old law system,
many people who were used to benefiting freely from forests with few exceptions have
not satisfied with the new regulation. As a result, thereof, the number of forest criminal
cases have increased, and also cases related to possession, cadaster and property have
been added to them. However, it can be said that Turkey is among the best countries in
the sense of protecting its own forests (Ayanoğlu, 1999).
1.2. The Need for a Law on Protection of Forests
Forests are among the important indicators of a country's wealth. Today, forests
are not only used for wood raw materials but also recreation, clean air, water supply,
natural beauty, erosion control and many other benefits. It is obvious that such an
important natural resource should be designated by the rules of law in order to maintain
a strong balance between protection and benefit. The necessity of law for the protection
of forests have occurred just as the legal norms canalizing society to abide by these
rules via the legal sanctions in the rules of social order. Constitutional arrangements
come first in the rules of law, and it is followed by international conventions, laws,
decree-laws, regulations, by-laws and other lower-level legal norms. Thus, hierarchy of
legal norms is created. It is clearly seen and understood from the history of Turkish
Forestry that resorting to the legal regulations on the protection of forests arises from
the desire to curb the indiscriminate utilization of the forest.
Even in the first period of the Ottoman era, forests were considered inexhaustible
natural resources open to everyone freely. As a result of this approach, both the state
and public considered the forest as a source of income and livelihood, and benefited
negligently. That caused severe forest degradation as well as having led to decrease of
the forest resources progressively. When the negative effects of this damage were seen
in a short time, it was understood that certain rules were necessary in benefitting from
forests. Thereupon, in 1857, a French forestry committee were invited to Turkey and on
the recommendation of the French forestry committee a ‘Forest Regulations’ was
enacted in 1870. The first forestry-specific regulation in the field of forestry law was
conducted with that regulation. Hence the increasing importance of forests, new
approaches and regulations for the protection of forests have continued to be developed
and enacted. Such arrangements are being enacted at the national and international

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levels as well.
For example, today, global warming is an important issue that the whole world is
agreed on, and forests are seen as a solution to this problem or in other words as a
measure to reduce global warming. In order to improve the protection of existing forests
and forest areas various obligations assigned to the countries through international
agreements today. So, forests have been protected by national law as well as
international law.
2. MATERIALS AND METHODS
In recent years, the rules of law for the protection of forests have gained
importance both in the international and national level and dimensions. Regarding that

724

forests have an important role on the sustainable development of countries having the
chance to have those lands as well as whole world in combating climate change--no
country can confront these challenges alone. That’s why, there are many regulations
stemming from the national and international law.
In this study, first of all, the importance of forests and forest resources was
explained and then the need for forest law has been indicated and emphasized.
Following this, historical development of forest law is studied both in Turkey and in the
world, and thus existing legal source of forest law was evaluated.
The rules of law, which are supported by legal sanctions, provide social order in a
society. The legal regulations on the protection of forests also supported by the legal
and administrative arrangements consisting of the rules of law as well as legal
sanctions. For those reasons, in this study, forest legislation related directly and
indirectly to the forest law was examined and evaluated according to the hierarchy of
norms.
3. RESULTS
Forests are being threatened worldwide by uncontrolled degradation and
conversion to other types of land uses, influenced by increasing human needs. The
impacts of loss and degradation of forests are in the form of soil erosion; loss of
biological diversity, damage to wildlife habitats and degradation of watershed areas,
deterioration of the quality of life and reduction of the options for development (Desai,
2011).
To prevent those kind of losses and degradation of forests, each country has sought
to make legal arrangements according to its social needs and also takes steps to prevent
deforestation worldwide as a party to international conventions /agreements. In Turkey,
there are many legal regulations specifically aiming for the protection of forests.
In the next part of the study, first and foremost, the Constitution which is the
highest level of legal norms and other regulations in Turkey were evaluated in terms of
environmental and forest legislation.
3.1. Constitutional Provisions
Constitutions are comprised of a general legal framework of the basic dynamics of
a country, and the issues and topics in it arises from the experiences gained in the
historical process of the country’s itself and the knowledge gained from that history
(Birben and Özden, 2016). Constitutions also have different values in different legal
systems. It may be quite detailed, as in t he case of Turkey, where it is one of the main
sources of substantive forestry law (Christy et al., 2007).
Article 169 and 170 of the Constitution of the Republic of Turkey1, still in force,
are directly related to forests and forestry. In the Article 169 titled as “Forest Protection
and Development” it is obviously stated that State shall enact the necessary legislation
and take the measures required for the protection and extension of forests.
Burnt forest areas shall be reforested; other agricultural and stockbreeding

1
The Constitution was adopted by the Constituent Assembly on October 18, 1982 to be
submitted to referendum and published in the Official Gazette dated October 20, 1982 and
numbered 17844; republished in the repeating Official Gazette dated November 9, 1982 and
numbered 17863 in the aftermath of its submission to referendum on November 7, 1982
(Act No. 2709).

725

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Citations (2) References (16)

... From the late 1930s onwards, the forestry sector had a high political efficacy, and the SFM has
been embedded within the overall developmental agenda of Turkey since 1937. In order to address

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these changes, the first legal regulations and the first forestry law in the modern sense, Forest Law
No. 3116, became effective in 1937 (Gençay and Birben 2016) . According to Article 3 of Forest Law
No. 3116, forests in Turkey are classified into four ownership categories: (1) state forests, (2) forests
belonging to public legal entities, (3) foundation forests, and (4) private forests. ...

State ownership of forests from different angles: policy, economics, and law
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Public Consciousness and Influence of Law on Forest Crimes: Insights from Kastamonu, Turkey
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Üstüner Birben · Gökçe Gençay

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to obtain an insight into the "public interest" through exploring the permit process given by the State, and to help better understanding
the roots of current issues. An institutional approach will be followed and various formal and informal legislation will be ... [Show full
abstract]

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Article Full-text available

Bio-smuggling in Turkey
May 2019 · Crime Law and Social Change
Üstüner Birben · Gökçe Gençay

Turkey is among the countries with the richest biodiversity in Europe and the Middle East; it ranks ninth in the European continent in
terms of biodiversity. Its distinct and varied geography affords a high level of endemism and genetic diversity. Due to its high level of
endemism and genetic diversity, Turkey is also a center of attraction in terms of genetic resources. This raises the issue of ... [Show
full abstract]

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Conference Paper Full-text available

https://www.researchgate.net/publication/311416721_The_Effectiveness_of_Law_on_Forest_Protection 14/15
11/13/22, 7:11 PM (PDF) The Effectiveness of Law on Forest Protection
Orman Alanlarında Madencilik Faaliyetlerinin Hukuksal Boyutlarının İncelenmesi Investigation of Legi...
January 2007
Gökçe Gençay · Üstüner Birben

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Article Full-text available

Türkiye’de Devlet Ormanlarında Verilen Maden İzinleri ve Rehabilitasyonun Hukuksal Süreci (Bartın Or...
August 2018
Gökçe Gençay · Üstüner Birben

Doğal kaynaklar bakımından oldukça zengin bir konumda olan


Türkiye’de zaman zaman yenilenebilir doğal kaynaklar ile
yenilenemeyen doğal kaynaklar arasında fayda üstünlüğüne dayalı
öncelik çatışması yaşanmaktadır. Türkiye yüzölçümünün
%28,6’sını
kaplayan orman alanlarında maden arama ve işletilme taleplerinin
olması da kaçınılmazdır. Orman alanlarının madenciliğe
tahsisi önemli
bir arazi kullanım ... [Show full abstract]

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Last Updated: 05 Jul 2022

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